PATENTS - PATENTABILITY OF THE PRODUCT OF A PROCESS

Authors

Julian Caplan, University of Michigan Law SchoolFollow

Abstract

The problem to be discussed in this comment can best be illustrated by setting forth a hypothetical fact situation. It will be assumed that an inventor, A has invented a new and useful process for refining oil, which process is denoted process X. Heretofore all oil has been refined by process Y. The oil produced by process X does not differ sufficiently in its chemical and physical properties from that produced by process Y so that the inventor can get a patent on the oil as such. Assuming that, upon proper application, A may receive a patent for process X, is it possible under the existing patent statutes for A to get a valid patent claiming oil produced by process X as described?

Recommended Citation

Julian Caplan, PATENTS - PATENTABILITY OF THE PRODUCT OF A PROCESS, 36 Mich. L. Rev. 811 (1938).
Available at: https://repository.law.umich.edu/mlr/vol36/iss5/6